Essex Police

With reference to:
https://www.essex.police.uk/ar/applyregi...

and:
https://www.countryside-alliance.org/our...

and:
https://basc.org.uk/firearms-team-enquir...

and:
https://publications.parliament.uk/pa/cm...

1. What policies, provisions, legislation and procedures are used by your force for guidance and adherence when deciding to approve an application for any form of Firearms License, including where minors will gain access to Firearms?

2. When deciding to approve an application for any form of Firearms License, is there a legislative, procedural or policy requirement that the applicant's employment must require use of a Firearm in order to obtain a license or are licenses available to all meeting the stipulations of Firearms legislation regardless of the purpose to which they would put a Firearm, e.g. sport shooting?

3. When persons are convicted of crimes of violence such as assault or unlawful killing of wildlife or any animal, what cross-checks/policies, provisions, legislation and procedures does your force have in place for guidance and adherence when deciding to withdraw any form of Firearms License issued to said person(s)?

S Rhosier

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above reference
14052.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[3][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

2 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held.  Where exemptions are
relied upon Section 17 of FOIA requires that we provide the applicant with
a notice which: a) states that fact b) specifies the exemption(s) in
question and c) states (if that would not otherwise be apparent) why the
exemption applies.

 

In respect of your enquiry:

 

With reference to:

 

[3]https://www.essex.police.uk/ar/applyregi...

 

and:

[4]https://eur03.safelinks.protection.outlo......

 

and:

[5]https://eur03.safelinks.protection.outlo......

 

and:

[6]https://eur03.safelinks.protection.outlo......

 

1. What policies, provisions, legislation and procedures are used by your
force for guidance and adherence when deciding to approve an application
for any form of Firearms License, including where minors will gain access
to Firearms?

 

2. When deciding to approve an application for any form of Firearms
License, is there a legislative, procedural or policy requirement that the
applicant's employment must require use of a Firearm in order to obtain a
license or are licenses available to all meeting the stipulations of
Firearms legislation regardless of the purpose to which they would put a
Firearm, e.g. sport shooting?

 

3. When persons are convicted of crimes of violence such as assault or
unlawful killing of wildlife or any animal, what cross-checks/policies,
provisions, legislation and procedures does your force have in place for
guidance and adherence when deciding to withdraw any form of Firearms
License issued to said person(s)?

 

Having completed enquiries within Essex Police in respect of Section
1(1)(a), Essex Police does hold information relating to your request,
Essex Police can confirm in respect of Section 1(1)(b) the following data:

1.  Essex Police has its own force policy which is designed to give clear
and consistent guidance when accessing the suitability of all applicants.
It is reviewed by, or on behalf of, Supt Operational Policing Command
every 12 months to ensure that it remains compliant with current
legislation and guidance and fit for purpose. The policy has been written
based on Home Office guide on Firearms Licensing 2016 and the College of
Policing [7]Authorised Professional Practice (APP) – Firearms Licensing.

2.  There is no legislative, procedural or policy requirement that the
applicant's employment must require use of a Firearm in order to obtain a
license unless this is their only good reason for applying for the
certificate. Firearms certificates not required for work purposes are
granted to those who meet the stipulations of Firearms legislation
requiring them to demonstrate a proven good reason. A risk assessment is
carried out using the Police National Decision Making Model in conjunction
with Home Office guide on Firearms Licensing 2016 and College of Policing
APP:

 

12.5 Section 27(1) of the 1968 Act (as amended) states that:

“A firearm certificate shall be granted where the chief officer of police
is satisfied that:

(a) the applicant is fit to be entrusted with a firearm to which section 1
of this Act applies and is not a person prohibited by this Act from
possessing such as firearm;

(b) that he has a good reason for having in his possession, or for
purchasing or acquiring, the firearm or ammunition in respect of which the
application is made; and

(c) that in all the circumstances the applicant can be permitted to have
the firearm or ammunition in his possession without danger to the public
safety or to the peace”.

 

The test for shotguns against section 28 of the 1968 Act

12.7 Section 28(1) of the 1968 Act states that “subject to subsection (1A)
below, a shotgun certificate shall be granted or, as the case may be,
renewed by the chief officer of police if he is satisfied that the
applicant can be permitted to possess a shotgun without danger to the
public safety or to the peace”.

 

3.  Each case is decided on an individual basis. A full Threat/Harm/ Risk
assessment is completed to evaluate the potential of foreseeable future
harm. Again, this is primarily based around the Home Office guide on
Firearms Licensing 2016, however also includes, Human Rights Act, Common
Law and the Statement of Mission and Values for the Police Service and the
National Decision Making Model.

 

12.6 Section 30A(2) of the 1968 Act (as amended) states that:

 

“The [firearm] certificate may be revoked if the chief officer of police
has reason to believe:

(a) that the holder is of intemperate habits or unsound mind or is
otherwise unfitted to be entrusted with a firearm; or

(b) that the holder can no longer be permitted to have a firearm or
ammunition to which the certificate relates in his possession without
danger to the public safety or to the peace”.

12.8 Section 30C(1) of the 1968 Act (as amended) states that the shotgun
certificate may be revoked on the grounds that the chief officer of police
is satisfied that the holder is prohibited from possessing a shotgun, or
that they can’t be permitted to possess one without danger to the public
safety or to the peace.

 

You may also find the below links of interest:

 

[8]https://www.gov.uk/shotgun-and-firearm-c...

 

[9]https://www.gov.uk/guidance/firearms-lic...

 

[10]https://www.gov.uk/government/publicatio...

 

Thank you for your interest in Essex Police.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 01245 452647 | Email: [11][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

 

 

 

 

From: Info Rights Freedom Essex
Sent: 13 January 2020 13:04
To: 'S Rhosier' <[FOI #633255 email]>
Subject: FOI 14052 - Review of Firearms License Holders

 

Thank you for your enquiry which has been logged under the above reference
14052.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[12]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[13]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[14][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[15]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[16]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [17][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [18]https://ico.org.uk/

 

 

 

show quoted sections